Common Driving Offences and their Punishments

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Common Driving Offences and their Punishments

A key piece of regulation, which proscribes dangerous driving behavior in Singapore, is the Road Traffic Act. The Act also regulates road traffic and the use of vehicles and the user of roads. In this article, we will look at some five common driving offences and their punishments in Singapore.

Reckless or dangerous driving

Section 64 of the RTA states that: If any person drives a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

In the context of s 64, local courts tent to give long custodial sentences where the offender endangered the lives of other in a rash or reckless manner (such as driving at an excessive speed). Courts look at a variety of factors such as the the harm caused by the offence, the accused culpability, the accused’s remorse and driving record to decide on whether a fine or custodial setence is appropriate.

Courts can also disqualify drivers from driving, under s 64(2) and for the disqualification order, the focus is on the three sentencing objectives of punishment, protection of the public and deterrence. The disqualification period also increases in tandem with the severity of the offence.

Use of mobile communication device while driving

Section 65B of the RTA states that: A driver of a motor vehicle who uses a mobile communication device while the motor vehicle is in motion on a road or in a public place is guilty of an offence and is liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.

Moreover, repeat offenders are liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

Courts have held that people who make use of hand phones whilst driving are deliberately laying themselves open to distraction from the task of driving and show blatant disregard for the safety of their fellow road-users. As such the prospect of a sentence of disqualification is necessary to deter such inconsiderate and heedless drivers.

Driving while under the influence of drink or drugs

Section 67(1) of the RTA states that: Any person who, when driving or attempting to drive a motor vehicle on a road or other public place —

is unfit to drive in that he is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of such vehicle; or

has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit, shall be guilty of an offence and shall be liable on conviction to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months and, in the case of a second or subsequent conviction, to a fine of not less than $3,000 and not more than $10,000 and to imprisonment for a term not exceeding 12 months.

In the case of Edwin, the court laid down the following helpful sentencing guidelines with regard to s 67 offences:

Level of alcohol (µg per 100ml of breath)

Range of fines

Range of disqualification

35 – 54 (1–1.54 times the prescribed limit)

$1,000 – $2,000

12 – 18 months

55 – 69 (1.57–1.97 times the prescribed limit)

$2,000 – $3,000

18 – 24 months

70 – 89 (2–2.54 times the prescribed limit)

$3,000 – $4,000

24 – 36 months

≥ 90 (≥ 2.57 times the prescribed limit)

> $4,000

36 – 48 months (or longer)

The figures set out in the above table were based on the use of a breathalyser test, as opposed to a blood test, to determine the level of alcohol in the offender’s body.

Driving without due care or reasonable consideration

Section 65 of the RTA states that:

If any person drives a motor vehicle on a road —

without due care and attention; or

without reasonable consideration for other persons using the road, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

Driving without a qualified license or driving when license is suspended

Section 35(1) of the RTA states that no person shall drive a motor vehicle of any class or description on a road unless he is the holder of a driving licence authorising him to drive a motor vehicle of that class or description.

Section 43(3) of the RTA states that any person who drives without a qualified driving license will be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. Subsequent offenders may also have their vehicle forfeited.

Section 47(5) of the RTA states that any person who drives a motor vehicle on a road when his driving licence is suspended under section 45 shall be guilty of an offence.

Section 47E of the RTA states that any person who drives while his driving license is suspended is liable to a fine not exceeding $5,000 or imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, liable to a fine not exceeding $10,000 or imprisonment for a term not exceeding 3 years or to both.

In fact, where offenders who drive without a license are professional drivers (such as taxi drivers), courts have stated that a higher sentence is necessary. This is because professional drivers ought to be setting the standard for courteous and safe driving courts want to ensure that irresponsible drivers are sufficiently punished especially where damage or injury is caused.[1]

Our experienced criminal lawyers can assist to mitigate for a lower jail term, fine or period of disqualification based on various factors such as:

genuine remorse,

clean criminal record,

a clean driving record and

extenuating circumstances that have lead to the alleged offence.

Our well constructed plea of mitigation can have a positive impact as to what sentence a person receives and the period of disqualification imposed.

Should you have any questions or need legal representation, kindly contact our experienced divorce lawyer, Ms.Gloria James-Civetta on +65 6337 0469 for a free consultation, or email consult@gjclaw.com.sg.